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Local Democracy, Economic Development and Construction Act 2009

Type Public General Act

Publication 2009-11-12

Last updated 2026-03-10

State In force

Department Statute Law Database

Source legislation.gov.uk

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Revision of multi-area agreements

Responsible authorities

131

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Revision proposals

132

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Preparation of revision proposal

133

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Approval of revision proposal

134

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Information about multi-area agreements

Duty to publish information about multi-area agreement

135

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Supplementary and general

Consultation on guidance

136

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Interpretation

137

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Part 8 — Construction contracts

Application of construction contracts legislation

138

(1) The Housing Grants, Construction and Regeneration Act 1996 (c. 53) is amended as follows.

(2) In section 106 (provisions not applicable to contract with residential occupiers), in subsection (1), omit paragraph (b) and the preceding “or”.

(3) After that section insert—

(106A) (1) The Secretary of State may by order provide that any or all of the provisions of this Part, so far as extending to England and Wales, shall not apply to any description of construction contract relating to the carrying out of construction operations (not being operations in Wales) which is specified in the order. (2) The Welsh Ministers may by order provide that any or all of the provisions of this Part, so far as extending to England and Wales, shall not apply to any description of construction contract relating to the carrying out of construction operations in Wales which is specified in the order. (3) The Scottish Ministers may by order provide that any or all of the provisions of this Part, so far as extending to Scotland, shall not apply to any description of construction contract which is specified in the order. (4) An order under this section shall not be made unless a draft of it has been laid before and approved by resolution of— (a) in the case of an order under subsection (1), each House of Parliament; (b) in the case of an order under subsection (2), the National Assembly for Wales; (c) in the case of an order under subsection (3), the Scottish Parliament.

(4) In section 146 (orders etc)—

(a) in subsection (2), for “Secretary of State” substitute “ the authority making them ”;

(b) in subsection (3)(a), after “106(4)” insert “ , 106A ”.

Requirement for construction contracts to be in writing

139

(1) In the Housing Grants, Construction and Regeneration Act 1996, section 107 (provisions applicable only to contracts in writing) is repealed.

(2) In section 108 of that Act (right to refer disputes to adjudication)—

(a) in subsection (2), after “The contract shall” insert “ include provision in writing so as to ”;

(b) in subsections (3) and (4), after “provide” insert “ in writing ”.

Adjudicator’s power to make corrections

140

In the Housing Grants, Construction and Regeneration Act 1996 (c. 53), in section 108 (right to refer disputes to adjudication), after subsection (3) insert—

(3A) The contract shall include provision in writing permitting the adjudicator to correct his decision so as to remove a clerical or typographical error arising by accident or omission.

Adjudication costs

141

In the Housing Grants, Construction and Regeneration Act 1996, after section 108 insert—

(108A) (1) This section applies in relation to any contractual provision made between the parties to a construction contract which concerns the allocation as between those parties of costs relating to the adjudication of a dispute arising under the construction contract. (2) The contractual provision referred to in subsection (1) is ineffective unless— (a) it is made in writing, is contained in the construction contract and confers power on the adjudicator to allocate his fees and expenses as between the parties, or (b) it is made in writing after the giving of notice of intention to refer the dispute to adjudication.

Determination of payments due

142

(1) In the Housing Grants, Construction and Regeneration Act 1996, section 110 (dates for payment) is amended as follows.

(2) After subsection (1) insert—

(1A) The requirement in subsection (1)(a) to provide an adequate mechanism for determining what payments become due under the contract, or when, is not satisfied where a construction contract makes payment conditional on— (a) the performance of obligations under another contract, or (b) a decision by any person as to whether obligations under another contract have been performed. (1B) In subsection (1A)(a) and (b) the references to obligations do not include obligations to make payments (but see section 113). (1C) Subsection (1A) does not apply where— (a) the construction contract is an agreement between the parties for the carrying out of construction operations by another person, whether under sub-contract or otherwise, and (b) the obligations referred to in that subsection are obligations on that other person to carry out those operations.

(3) After subsection (1C) (as inserted by subsection (2) above) insert—

(1D) The requirement in subsection (1)(a) to provide an adequate mechanism for determining when payments become due under the contract is not satisfied where a construction contract provides for the date on which a payment becomes due to be determined by reference to the giving to the person to whom the payment is due of a notice which relates to what payments are due under the contract.

Notices relating to payment

143

(1) In the Housing Grants, Construction and Regeneration Act 1996 (c. 53), in section 109 (entitlement to stage payments), in subsection (4), for “under the contract” substitute “ provided for by the contract ”.

(2) In section 110 of that Act (dates for payment), omit the following—

(a) subsection (2), and

(b) in subsection (3), “or (2)”.

(3) After section 110 of that Act insert—

(110A) (1) A construction contract shall, in relation to every payment provided for by the contract— (a) require the payer or a specified person to give a notice complying with subsection (2) to the payee not later than five days after the payment due date, or (b) require the payee to give a notice complying with subsection (3) to the payer or a specified person not later than five days after the payment due date. (2) A notice complies with this subsection if it specifies— (a) in a case where the notice is given by the payer— (i) the sum that the payer considers to be or to have been due at the payment due date in respect of the payment, and (ii) the basis on which that sum is calculated; (b) in a case where the notice is given by a specified person— (i) the sum that the payer or the specified person considers to be or to have been due at the payment due date in respect of the payment, and (ii) the basis on which that sum is calculated. (3) A notice complies with this subsection if it specifies— (a) the sum that the payee considers to be or to have been due at the payment due date in respect of the payment, and (b) the basis on which that sum is calculated. (4) For the purposes of this section, it is immaterial that the sum referred to in subsection (2)(a) or (b) or (3)(a) may be zero. (5) If or to the extent that a contract does not comply with subsection (1), the relevant provisions of the Scheme for Construction Contracts apply. (6) In this and the following sections, in relation to any payment provided for by a construction contract— - “payee” means the person to whom the payment is due; - “payer” means the person from whom the payment is due; - “payment due date” means the date provided for by the contract as the date on which the payment is due; - “specified person” means a person specified in or determined in accordance with the provisions of the contract. (110B) (1) This section applies in a case where, in relation to any payment provided for by a construction contract— (a) the contract requires the payer or a specified person to give the payee a notice complying with section 110A(2) not later than five days after the payment due date, but (b) notice is not given as so required. (2) Subject to subsection (4), the payee may give to the payer a notice complying with section 110A(3) at any time after the date on which the notice referred to in subsection (1)(a) was required by the contract to be given. (3) Where pursuant to subsection (2) the payee gives a notice complying with section 110A(3), the final date for payment of the sum specified in the notice shall for all purposes be regarded as postponed by the same number of days as the number of days after the date referred to in subsection (2) that the notice was given. (4) If— (a) the contract permits or requires the payee, before the date on which the notice referred to in subsection (1)(a) is required by the contract to be given, to notify the payer or a specified person of— (i) the sum that the payee considers will become due on the payment due date in respect of the payment, and (ii) the basis on which that sum is calculated, and (b) the payee gives such notification in accordance with the contract, that notification is to be regarded as a notice complying with section 110A(3) given pursuant to subsection (2) (and the payee may not give another such notice pursuant to that subsection).

Requirement to pay notified sum

144

(1) In the Housing Grants, Construction and Regeneration Act 1996 (c. 53), for section 111 (notice of intention to withhold payment) substitute—

(111) (1) Subject as follows, where a payment is provided for by a construction contract, the payer must pay the notified sum (to the extent not already paid) on or before the final date for payment. (2) For the purposes of this section, the “notified sum” in relation to any payment provided for by a construction contract means— (a) in a case where a notice complying with section 110A(2) has been given pursuant to and in accordance with a requirement of the contract, the amount specified in that notice; (b) in a case where a notice complying with section 110A(3) has been given pursuant to and in accordance with a requirement of the contract, the amount specified in that notice; (c) in a case where a notice complying with section 110A(3) has been given pursuant to and in accordance with section 110B(2), the amount specified in that notice. (3) The payer or a specified person may in accordance with this section give to the payee a notice of the payer's intention to pay less than the notified sum. (4) A notice under subsection (3) must specify— (a) the sum that the payer considers to be due on the date the notice is served, and (b) the basis on which that sum is calculated. It is immaterial for the purposes of this subsection that the sum referred to in paragraph (a) or (b) may be zero. (5) A notice under subsection (3)— (a) must be given not later than the prescribed period before the final date for payment, and (b) in a case referred to in subsection (2)(b) or (c), may not be given before the notice by reference to which the notified sum is determined. (6) Where a notice is given under subsection (3), subsection (1) applies only in respect of the sum specified pursuant to subsection (4)(a). (7) In subsection (5), “prescribed period” means— (a) such period as the parties may agree, or (b) in the absence of such agreement, the period provided by the Scheme for Construction Contracts. (8) Subsection (9) applies where in respect of a payment— (a) a notice complying with section 110A(2) has been given pursuant to and in accordance with a requirement of the contract (and no notice under subsection (3) is given), or (b) a notice under subsection (3) is given in accordance with this section, but on the matter being referred to adjudication the adjudicator decides that more than the sum specified in the notice should be paid. (9) In a case where this subsection applies, the decision of the adjudicator referred to in subsection (8) shall be construed as requiring payment of the additional amount not later than— (a) seven days from the date of the decision, or (b) the date which apart from the notice would have been the final date for payment, whichever is the later. (10) Subsection (1) does not apply in relation to a payment provided for by a construction contract where— (a) the contract provides that, if the payee becomes insolvent the payer need not pay any sum due in respect of the payment, and (b) the payee has become insolvent after the prescribed period referred to in subsection (5)(a). (11) Subsections (2) to (5) of section 113 apply for the purposes of subsection (10) of this section as they apply for the purposes of that section.

(2) In section 112 of that Act (right to suspend performance for non-payment)—

(a) in subsection (1), for the words from “Where” to “given” substitute “ Where the requirement in section 111(1) applies in relation to any sum but is not complied with, ”;

(b) in subsection (3), for “the amount due” substitute “ the sum referred to in subsection (1) ”.

Suspension of performance for non-payment

145

(1) In the Housing Grants, Construction and Regeneration Act 1996 (c. 53), section 112 (right to suspend performance for non-payment) is amended as follows.

(2) In subsection (1), after “performance of” insert “ any or all of ”.

(3) After subsection (3) insert—

(3A) Where the right conferred by this section is exercised, the party in default shall be liable to pay to the party exercising the right a reasonable amount in respect of costs and expenses reasonably incurred by that party as a result of the exercise of the right.

(4) In subsection (4), after “pursuance of” insert “ , or in consequence of the exercise of, ”.

Part 9 — Final

Repeals

146

(1) Schedule 7 contains repeals.

(2) The repeal by this Act of sections 17, 19 and 26 of the Local Government Act 1992 (c. 19) does not affect the continuing effect of orders and regulations made under those sections.

(3) For the purposes of this Act—

(a) the repeals in Part 1 of Schedule 7 are part of Chapter 6 of Part 1 (politically restricted posts);

(b) the repeal in Part 2 of Schedule 7 is part of Chapter 3 of Part 2 (audit of entities connected with local authorities);

(d) the repeals in Part 4 of Schedule 7 are part of Part 5 (regional strategy);

(e) the repeals in Part 5 of Schedule 7 are part of Part 8 (construction contracts).

Extent

147

(1) Parts 1 to 7 extend to England and Wales only, except that—

(a) an amendment or repeal effected by any of those Parts has the same extent as the provision amended or repealed, and

(b) sections 67(2) to (6), ... 114, 116 and 117 (powers to make consequential provision etc) extend also to Scotland and Northern Ireland.

Paragraph (a) does not apply to Chapter 6 of Part 1 (which accordingly extends to England and Wales only).

(2) Part 8 extends to England and Wales and Scotland.

(3) This Part extends to England and Wales, Scotland and Northern Ireland.

Commencement: general

148

(1) In Part 1 (democracy and involvement)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Chapter 3 comes into force on a day appointed by the Secretary of State;

(d) Chapters 5 and 6 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(2) In Part 2 (local authorities: governance and audit)—

(a) in Chapter 1—

(i) section 31 comes into force on a day appointed by the Secretary of State;

(ii) sections 32 and 33 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(b) Chapters 2 and 3 come into force—

(i) in relation to England, on a day appointed by the Secretary of State;

(ii) in relation to Wales, on a day appointed by the Welsh Ministers.

(3) In Part 3 (local government boundary and electoral change)—

(a) sections 62, 64 and 68 and Schedule 3 come into force on the day on which this Act is passed;

(b) the remaining provisions come into force on a day appointed by the Secretary of State.

(4) Part 4 (local authority economic assessment) comes into force on a day appointed by the Secretary of State.

(5) Part 5 (regional strategy) comes into force on a day appointed by the Secretary of State.

(6) Part 6 (economic prosperity boards and combined authorities) comes into force on a day appointed by the Secretary of State.

(7) Part 7 (multi-area agreements) comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(8) Part 8 (construction contracts) comes into force as specified in section 149.

(9) This Part comes into force on the day on which this Act is passed.

(10) Any power to appoint a day under this section—

(a) includes power to appoint different days for different purposes;

(b) includes power to make transitional provision or savings;

Commencement: construction contracts

149

(1) Part 8 comes into force, so far as extending to England and Wales—

(a) on a day appointed by the Welsh Ministers, in relation to construction contracts which relate to the carrying out of construction operations in Wales;

(b) on a day appointed by the Secretary of State, in relation to other construction contracts.

(2) Part 8 comes into force, so far as extending to Scotland, on a day appointed by the Scottish Ministers.

(3) The amendments made by Part 8, so far as extending to England and Wales, do not apply—

(a) in relation to construction contracts which relate to the carrying out of construction operations in Wales and are entered into before the day appointed under subsection (1)(a), or

(b) in relation to other construction contracts which are entered into before the day appointed under subsection (1)(b).

(4) The amendments made by Part 8, so far as extending to Scotland, do not apply in relation to construction contracts which are entered into before the day appointed under subsection (2).

(5) In this section “construction contracts” and “construction operations” have the same meanings as in Part 2 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53).

(6) Any power to appoint a day under this section—

(a) includes power to appoint different days for different purposes;

(b) includes power to make transitional provision or savings;

Short title

150

This Act may be cited as the Local Democracy, Economic Development and Construction Act 2009.

Schedule 1

Members

1

(1) The Local Government Boundary Commission for England (“the Commission”) is to consist of—

(a) the chair of the Commission, and

(b) at least four and no more than eleven other members (“ordinary members”).

(2) The ordinary members are to be appointed by Her Majesty on the recommendation of the Secretary of State.

(3) The following may not be appointed as an ordinary member—

(a) a member of a registered party;

(b) a person who is, or has at any time with the last ten years been, an officer or employee of a registered party or of any accounting unit of such a party;

(c) a person who holds, or has at any time within the last ten years held, a relevant elective office (within the meaning of Schedule 7 to the Political Parties, Elections and Referendums Act 2000 (c. 41) (“the 2000 Act”));

(d) a person who has at any time within the last ten years been named—

(i) as a donor in the register of donations reported under Chapter 3 or 5 of Part 4 of the 2000 Act, or

(ii) as a participant in the register of recordable transactions reported under Part 4A of that Act.

(4) A person may not be appointed as an ordinary member for a period of more than five years at any one time.

(5) Subject to the provisions of this paragraph, an ordinary member holds office—

(a) for the term for which the ordinary member is appointed, and

(b) otherwise in accordance with the terms of their appointment.

(6) An ordinary member ceases to hold office if—

(a) the ordinary member consents to being nominated as a candidate at a relevant election (within the meaning of Part 2 of the 2000 Act) or to being included in a registered party's list of candidates at such an election,

(b) the ordinary member takes up any office or employment in or with—

(i) a registered party or any accounting unit of such a party,

(ii) a recognised third party (within the meaning of Part 6 of the 2000 Act), or

(iii) a permitted participant (within the meaning of Part 7 of that Act),

(c) the ordinary member is named as a donor in the register of donations reported under Chapter 3 or 5 of Part 4 of the 2000 Act or in any statement of donations included in a return delivered to the Electoral Commission under section 98 or 122 of that Act,

(d) the ordinary member is named as a participant in the register of recordable transactions reported under Part 4A of that Act, or

(e) the ordinary member becomes a member of a registered party.

(7) An ordinary member may, on the member's request, be relieved of office by Her Majesty.

(8) An ordinary member may, on the recommendation of the Secretary of State, be removed from office by Her Majesty on any of the following grounds—

(a) failure to discharge the functions of membership for a continuous period of at least three months;

(b) failure to comply with the terms of appointment;

(d) being an undischarged bankrupt or having their estate sequestrated in Scotland and not being discharged;

(e) making an arrangement or composition contract with, or granting a trust deed for, their creditors;

(f) otherwise being unfit to hold office or unable to carry out the functions of membership.

(9) No-one may serve as an ordinary member for more than ten years (continuously or otherwise).

(10) Service as an ordinary member is not service in the civil service of the State.

Chair

2

(1) The chair of the Commission is to be appointed by Her Majesty on an Address from the House of Commons.

(2) A motion for such an Address may be made only if—

(a) the Speaker of the House of Commons agrees that the motion may be made, and

(b) the person whose appointment is proposed in the motion has been selected in accordance with a procedure put in place and overseen by the Speaker's Committee (see section 2 of the 2000 Act).

(3) Such an Address must specify the period, not exceeding five years, for which the proposed chair is to be appointed.

(4) A person may not be appointed as chair under sub-paragraph (1) if by virtue of paragraph 1(3)(a) to (d) that person may not be appointed as an ordinary member.

(5) Subject to the provisions of this paragraph, the chair holds office—

(a) for the period of their appointment (which is to be that specified under sub-paragraph (3)), and

(b) otherwise in accordance with the terms of their appointment.

(6) The chair ceases to hold office on the occurrence of such an event as is mentioned in any of paragraphs (a) to (e) of paragraph 1(6).

(7) The chair may, on the chair's request, be relieved of office as chair by Her Majesty.

(8) The chair may be removed from office by Her Majesty on an Address from the House of Commons.

(9) No motion may be made for such an Address unless the Speaker's Committee have presented a report to the House of Commons stating that the Speaker's Committee are satisfied that one or more of the following grounds is made out in relation to the chair—

(a) failure to discharge the functions of their office for a continuous period of at least three months;

(b) failure to comply with the terms of appointment as chair;

(d) being an undischarged bankrupt or having their estate sequestrated in Scotland and not being discharged;

(e) making an arrangement or composition contract with, or granting a trust deed for, their creditors;

(f) otherwise being unfit to hold office as chair or unable to carry out the functions of that office.

(10) No-one may serve as chair for more than ten years (continuously or otherwise).

(11) In the case of a re-appointment, the reference in sub-paragraph (2)(b) to being selected in accordance with a procedure put in place and overseen by the Speaker's Committee is to be read as including a reference to being recommended for re-appointment by the Speaker's Committee.

(12) Service as chair is not service in the civil service of the State.

Deputy chair

3

(1) The Secretary of State may designate one of the ordinary members of the Commission to be the deputy chair.

(2) The deputy chair is to act as chair—

(a) in the event of a vacancy in the office of chair,

(b) if the chair is unable to act, and

(3) The deputy chair may at any time resign as deputy chair by notice to the Secretary of State.

Remuneration

4

The Commission must pay to or in respect of the members (including the chair and deputy chair) such sums by way of or in respect of remuneration, allowances, expenses, pensions or gratuities as the Speaker of the House of Commons, after consulting the Speaker's Committee, may determine.

Committees

5

(1) The Commission may establish any committees which it considers appropriate.

(2) A committee of the Commission may establish one or more sub-committees.

(3) A committee established under this paragraph to review the economy, efficiency or effectiveness with which the Commission has used its resources, or any sub-committee of such a committee, may include up to two people who are not also members of the Commission (“independent members”).

(4) The Commission may not appoint as an independent member anyone who would be ineligible for appointment as a member of the Commission because of paragraph 1(3).

(5) An independent member must be appointed on such terms and conditions, including terms and conditions as to remuneration, as the Commission may determine.

(6) Except as provided by sub-paragraph (3), only a member of the Commission may be a member of one of its committees or sub-committees.

Proceedings

6

(1) Subject to this Schedule, the Commission may regulate its own proceedings and the proceedings of any of its committees or sub-committees (including quorum).

(2) The validity of proceedings of the Commission, or of any of its committees or sub-committees, is not affected by—

(a) a vacancy, or

(b) a defective appointment.

Chief executive and other employees

7

(1) The Commission—

(a) must appoint a chief executive, and

(b) may appoint other employees.

(2) A person may not be appointed—

(a) as chief executive of the Commission if by virtue of paragraph 1(3)(a) to (d) that person may not be appointed as an ordinary member of the Commission;

(b) as any other member of staff of the Commission if by virtue of paragraph 1(3)(b) to (d) that person may not be appointed as an ordinary member of the Commission.

(3) Service as chief executive or other employee of the Commission is not service in the civil service of the State.

(4) Subject as follows, employees of the Commission must be appointed on such terms and conditions, including terms and conditions as to remuneration, as the Commission may determine.

(5) The appointment of any member of staff of the Commission terminates—

(a) if that person is the chief executive of the Commission, on the occurrence of such an event as is mentioned in any of paragraphs (a) to (e) of paragraph 1(6), and

(b) in any other case, on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 1(6).

(6) For the purposes of determinations under sub-paragraph (4), the Commission must have regard to the desirability of keeping the remuneration and other terms or conditions of employment of its employees broadly in line with those applying to persons in the civil service of the State.

(7) Service as an employee of the Commission is included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply; and accordingly, in Schedule 1 to that Act, “Local Government Boundary Commission for England” is to be inserted at the appropriate place in the list of “Other bodies”.

(8) The Commission must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (7) in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c. 11).

Superannuation: supplementary

8

(1) Section 1(2) of the Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes by the Minister for the Civil Service to another office of the Crown etc) has effect as if the reference to an officer of the Crown other than a Minister included the chief executive of the Commission.

(2) An administration function conferred on the chief executive under section 1(2) of that Act by virtue of sub-paragraph (1) may be exercised by (or by employees of) such person as may be authorised in that behalf by the chief executive.

(3) For the purposes of this paragraph an “administration function” is a function of administering schemes—

(a) made under section 1 of the Superannuation Act 1972, and

(b) for the time being in force.

(4) An authorisation given by virtue of sub-paragraph (2) may authorise the exercise of an administration function—

(a) wholly or to such extent as may be specified in the authorisation;

(b) generally or in such cases as may be so specified;

(5) An authorisation given by virtue of sub-paragraph (2)—

(a) is to be treated for all purposes as if it were given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of Ministers and office-holders);

(b) may be revoked at any time by the Commission (as well as by the chief executive).

Delegations

9

(1) The Commission may delegate any of its functions to any of its members, employees, committees or sub-committees.

(2) Sub-paragraph (1) does not apply to any function of making an order by statutory instrument.

(3) The chief executive of the Commission may delegate any of the chief executive's functions to any other employee of the Commission.

(4) A committee of the Commission may delegate any of its functions to any of its sub-committees.

(5) A committee or sub-committee of the Commission may delegate any of its functions to any employee of the Commission.

Financial year

10

(1) The financial year of the Commission is the period of twelve months ending on 31 March.

(2) But the first financial year of the Commission is the period—

(a) starting on the day on which section 55 comes into force, and

(b) ending on the following 31 March.

Funding

11

(1) The expenditure of the Commission is to be met, in accordance with this paragraph, out of money provided by Parliament.

(2) For each financial year of the Commission (other than the first) the Commission must prepare, and submit to the Speaker's Committee, an estimate of its income and expenditure.

(3) The Speaker's Committee must—

(a) examine each such estimate,

(b) decide whether they are satisfied that the estimated level of income and expenditure is consistent with the economical, efficient and effective discharge by the Commission of its functions, and

(c) if they are not so satisfied, must make such modifications to the estimate as they consider appropriate for the purpose of achieving such consistency.

(4) Before deciding whether they are so satisfied or making any such modification the Speaker's Committee must—

(a) have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 13 and to any recommendations contained in that report, and

(b) consult the Treasury and have regard to any advice which the Treasury may give.

(5) The Speaker's Committee must, after concluding their examination and making their modifications (if any) to the estimate, lay the estimate before the House of Commons.

(6) If the Speaker's Committee, in the discharge of their functions under this paragraph—

(a) do not follow any recommendation contained in the report of the Comptroller and Auditor General,

(b) do not follow any advice given to them by the Treasury, or

they must include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 of the 2000 Act a statement of their reasons for so doing.

Five-year plan

12

(1) An estimate under paragraph 11 in respect of the first financial year to begin after the day on which Parliament meets for the first time following a parliamentary general election is to be accompanied by a plan prepared by the Commission setting out its—

(a) aims and objectives for the period of five years beginning with the financial year to which the estimate relates, and

(b) estimated requirements for resources during that five-year period.

(1A) The Speaker's Committee may require the Commission to submit a plan under sub-paragraph (1) when the Commission submits such an estimate as is mentioned in paragraph 11 in respect of a financial year other than one mentioned in that sub-paragraph.

(2) The Speaker's Committee must—

(a) examine each such plan,

(b) decide whether they are satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of its functions, and

(c) if they are not so satisfied, make such modifications to the plan as they consider appropriate for the purpose of achieving such consistency.

(3) Before deciding whether they are so satisfied or making any such modification the Speaker's Committee must—

(a) have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 13 and to any recommendations contained in that report, and

(b) consult the Treasury and have regard to any advice which the Treasury may give.

(4) The Speaker's Committee must, after concluding their examination and making their modifications (if any) to the plan, lay the plan before the House of Commons.

(5) If the Speaker's Committee, in the discharge of their functions under this paragraph—

(a) do not follow any recommendation contained in the report of the Comptroller and Auditor General,

(b) do not follow any advice given to them by the Treasury, or

they must include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 of the 2000 Act a statement of their reasons for so doing.

Annual examination by Comptroller and Auditor General

13

(1) For the purpose of assisting the Speaker's Committee to discharge their functions under paragraphs 11 and 12 in respect of any year when both an estimate under paragraph 11 and a five-year plan under paragraph 12 are submitted to them, the Comptroller and Auditor General must before the Committee consider the estimate and plan —

(a) carry out an examination into the economy, efficiency or effectiveness (or any combination thereof) with which the Commission has used its resources in discharging its functions (or, if the Comptroller and Auditor General so determines, any particular function),

(b) report to the Speaker's Committee the results of the examination, and

(c) include in the report such recommendations as the Comptroller and Auditor General considers appropriate in the light of the examination.

(2) Section 8 of the National Audit Act 1983 (c. 44) (right to obtain documents and information) applies in relation to any examination under this paragraph as it applies in relation to an examination under section 6 of that Act.

Accounts

14

(1) The Commission must keep accounting records.

(2) The Commission must, for each financial year, prepare accounts in accordance with directions given to it by the Treasury.

(3) Those directions may include directions as to—

(a) the information to be contained in the accounts,

(b) the manner in which the information is to be presented,

(d) the additional information (if any) that is to accompany the accounts.

Audit

15

(1) The Commission must send copies of its accounts to—

(a) the Comptroller and Auditor General, and

(b) the Speaker's Committee,

as soon after the end of the financial year as may be practicable.

(2) The Comptroller and Auditor General must—

(a) examine and certify accounts received under sub-paragraph (1),

(b) report on the accounts, and

Accounting officer

16

(1) The Speaker's Committee must designate an employee of the Commission as the Commission's accounting officer.

(2) The accounting officer is to have, in relation to the Commission's accounts and finance, the responsibilities that are from time to time specified by the Speaker's Committee.

(3) In this paragraph references to responsibilities include in particular—

(a) responsibilities in relation to the signing of accounts;

(b) responsibilities for the propriety and regularity of the Commission's finances;

(4) The responsibilities which may be specified under this paragraph include responsibilities owed to the Commission, the Speaker's Committee or the House of Commons or its Committee of Public Accounts.

(5) In this paragraph any reference to the Public Accounts Committee of the House of Commons is, if—

(a) the name of that Committee is changed, or

(b) its functions at the passing of this Act (or functions substantially corresponding thereto) become functions of a different committee of the House of Commons,

to be taken to be references to the Committee by its new name or (as the case may be) to the committee by whom the functions are for the time being exercisable.

Annual report

17

(1) The Commission must, as soon after the end of each financial year as may be practicable, prepare and lay before Parliament a report about the performance of the Commission's functions during that financial year.

(2) The Commission must, on so laying such a report, publish it in such manner as it may determine.

Instruments and authentication

18

(1) The fixing of the seal of the Commission is to be authenticated by the signature of the chair or of another person authorised by the Commission to act for that purpose.

(2) A document purporting to be duly executed under the seal of the Commission, or to be signed on its behalf, is to be received in evidence and, unless the contrary is proved, is to be treated as having been so executed or signed.

Records

19

In the Public Records Act 1958 (c. 51), in Schedule 1 (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert—

Investigation

20

In the Parliamentary Commissioner Act 1967 (c. 13), in Schedule 2 (departments etc subject to investigation), at the appropriate place insert—

Local Government Boundary Commission for England

Freedom of information

21

In the Freedom of Information Act 2000 (c. 36), in Schedule 1, in Part 6 (other public bodies and offices: general), at the appropriate place insert—

“The Local Government Boundary Commission for England.”

House of Commons disqualification

22

In the House of Commons Disqualification Act 1975 (c. 24), in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert—

The Local Government Boundary Commission for England.

Transitional

23

(1) The Electoral Commissioner who immediately before the day on which section 55 comes into force is the chair of the Electoral Commission's Boundary Committee is to be treated—

(a) as having been appointed as the chair of the Commission under paragraph 2(1), and

(b) as having been so appointed on the day on which, and for the term for which, that person was appointed as the chair of the Electoral Commission's Boundary Committee.

(2) A Deputy Electoral Commissioner who immediately before the day on which section 55 comes into force is a member of the Electoral Commission's Boundary Committee is to be treated—

(a) as having been appointed as an ordinary member of the Commission under paragraph 1(2), and

(b) as having been so appointed on the day on which, and for the term for which, that person was appointed as a member of the Electoral Commission's Boundary Committee.

Interpretation

24

In this Schedule—

“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000 (c. 41);

“accounting unit” and “registered party” have the same meanings as in the 2000 Act (see section 160 of that Act);

“the Commission” means the Local Government Boundary Commission for England;

“ordinary member” is to be construed in accordance with paragraph 1(1)(b).

Schedule 2

County councils

1

(1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a county council.

(2) The recommendations must secure the following results—

(a) an electoral area of the county council must not fall partly inside and partly outside any district,

(b) every ward of a parish having a parish council (whether separate or common) must lie wholly within a single electoral area of the county council, and

(c) every parish which is not divided into parish wards must lie wholly within a single electoral area of the county council.

(3) Subject to sub-paragraph (2), in making the recommendations the Local Government Boundary Commission for England must have regard to—

(a) the need to secure that the ratio of the number of local government electors to the number of members of the county council to be elected is, as nearly as possible, the same in every electoral area of the council,

(b) the need to reflect the identities and interests of local communities and in particular—

(i) the desirability of fixing boundaries which are and will remain easily identifiable, and

(ii) the desirability of not breaking local ties when fixing boundaries,

(d) the boundaries of the electoral areas of any district council whose area is within the area of the county council.

(4) For the purpose of sub-paragraph (3)(a) the Local Government Boundary Commission for England must have regard to any change in the number or distribution of local government electors in the area of the county council which is likely to take place within the period of five years immediately following the making of the recommendations.

District councils

2

(1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a district council.

(2) The recommendations must secure the following results—

(a) every ward of a parish having a parish council (whether separate or common) must lie wholly within a single electoral area of the district council, and

(b) every parish which is not divided into parish wards must lie wholly within a single electoral area of the district council.

(3) Subject to sub-paragraph (2), in making the recommendations the Local Government Boundary Commission for England must have regard to—

(a) the need to secure that the ratio of the number of local government electors to the number of members of the district council to be elected is, as nearly as possible, the same in every electoral area of the council,

(b) the need to reflect the identities and interests of local communities and in particular—

(i) the desirability of fixing boundaries which are and will remain easily identifiable, and

(ii) the desirability of fixing boundaries so as not to break any local ties,

(d) in the case of a district council that is subject to a scheme for elections by halves or by thirds, or that has resolved to revert to being subject to such a scheme under Chapter 1 of Part 2 of the Local Government and Public Involvement in Health Act 2007 (c. 28), the desirability of securing that each electoral area of the district council returns an appropriate number of members of the council.

(4) For the purpose of sub-paragraph (3)(a) the Local Government Boundary Commission for England must have regard to any change in the number or distribution of local government electors in the area of the district council which is likely to take place within the period of five years immediately following the making of the recommendations.

(5) For the purposes of sub-paragraph (3)(d)—

(a) a district council is “subject to a scheme of elections by halves” if one half (or as nearly as may be) of its members are to be elected in each year in which it holds ordinary elections of members of the council;

(b) a district council is “subject to a scheme of elections by thirds” if one third (or as nearly as may be) of its members are to be elected in each year in which it holds ordinary elections of members of the council;

(i) in the case of a scheme for elections by halves, if it is divisible by 2;

(ii) in the case of a scheme for elections by thirds, if it is divisible by 3.

London borough councils

3

(1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a London borough council.

(2) The recommendations must secure the following results—

(a) every ward of a parish having a parish council (whether separate or common) must lie wholly within a single electoral area of the London borough council, and

(b) every parish which is not divided into parish wards must lie wholly within a single electoral area of the London borough council.

(3) Subject to sub-paragraph (2), in making the recommendations the Local Government Boundary Commission for England must have regard to—

(a) the need to secure that the ratio of the number of local government electors to the number of members of the London borough council to be elected is, as nearly as possible, the same in every electoral area of the council,

(b) the need to reflect the identities and interests of local communities and in particular—

(i) the desirability of fixing boundaries which are and will remain easily identifiable, and

(ii) the desirability of fixing boundaries so as not to break any local ties, and

(4) For the purpose of sub-paragraph (3)(a) the Local Government Boundary Commission for England must have regard to any change in the number or distribution of local government electors in the area of the London borough council which is likely to take place within the period of five years immediately following the making of the recommendations.

Parish councils

4

(1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a parish council (including a common parish council).

(2) In making any such recommendations, the Local Government Boundary Commission for England must have regard to—

(a) the need to reflect the identities and interests of local communities, and in particular—

(i) the desirability of fixing boundaries which are and will remain easily identifiable, and

(ii) the desirability of fixing boundaries so as not to break any local ties,

(b) the need to secure effective and convenient local government, and

(c) the boundaries of the electoral areas of the principal council or councils in whose area the area of the parish council falls.

(3) In making any recommendations as to whether the area of the parish council is to be divided into wards for the election of members of the parish council, the Local Government Boundary Commission for England must have regard to—

(a) whether the number or distribution of the local government electors in the area is such as to make a single election of the members of the council impracticable or inconvenient, and

(b) whether it is desirable for any parts of the area of the parish council to be separately represented on the council.

(4) In making any recommendations as to—

(a) the size and boundaries of wards, or

(b) the number of members of a parish council to be elected for each ward,

the Local Government Boundary Commission for England must have regard to any change in the number or distribution of the local government electors in the area of the parish council which is likely to take place within the period of five years immediately following the making of the recommendations.

(5) In the case of the area of a parish council not divided into wards, in making recommendations as to the number of members to be elected for the parish council, the Local Government Boundary Commission for England must have regard to—

(a) the number and distribution of the local government electors in the area of the parish council, and

(b) any change in such number or distribution which is likely to take place within the period of five years immediately following the making of the recommendations.

Interpretation

5

In this Schedule—

“local government elector” has the meaning given in section 270(1) of the Local Government Act 1972 (c. 70);

“electoral area”, in relation to a principal council, means an area for which one or more members of the council are elected.

Schedule 3

Introductory

1

(1) Part 2 of the Local Government Act 1992 (c. 19) has effect during the interim period subject to the modifications in paragraph 2.

(2) In this paragraph “interim period” means the period beginning with the day on which this Act is passed and ending with the day immediately preceding the day on which section 55 comes into force.

(3) Nothing in this Schedule affects the effect of Part 2 of the Local Government Act 1992 in relation to any recommendation made to the Electoral Commission under that Part before the day on which this Act is passed.

Interim modifications of Part 2 of the Local Government Act 1992

2

(1) The modifications referred to in paragraph 1(1) are as follows.

(2) In section 15 (procedure on a review)—

(a) in subsection (5)—

(i) for “submit recommendations to the Electoral Commission” substitute “ make recommendations ”;

(ii) in paragraph (a), for “submit” substitute “ make ”;

(b) omit subsections (6) to (7A).

(3) For section 17 (implementation) substitute—

(17) (1) Where under section 15 the Boundary Committee for England makes recommendations for electoral changes, the Committee may by order give effect to all or any of the recommendations. (2) An order under this section may in particular include provision as to— (a) the total number of members of any principal council or parish council (“councillors”); (b) the number and boundaries of electoral areas for the purposes of the election of councillors; (c) the number of councillors to be returned by for any electoral area; (d) the name of any electoral area; (e) the election of councillors for any electoral areas; (f) the order of retirement of councillors; (g) the ordinary year of election for a parish council. (3) An order under this section may not require or authorise the holding of an election for membership of a principal council otherwise than at an ordinary election for that council. (4) An order under this section may— (a) contain incidental, consequential, supplementary or transitional provision, or savings; (b) make different provision for different cases, including different provision for different areas or councils. (5) The provision referred to in subsection (4)(a) may include provision— (a) applying any instrument made under an enactment, with or without modifications, (b) extending, excluding or amending any such instrument, or (c) repealing or revoking any such instrument. (6) Where the Boundary Committee for England is satisfied that— (a) a mistake has occurred in the preparation of an order under subsection (1), and (b) the mistake is such that it cannot be rectified by a subsequent order under this section by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend), the Committee may by order under this subsection make such provision as it thinks necessary or expedient for rectifying the mistake. (7) In subsection (6), “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body. (8) An order under this section is to be made by statutory instrument. (9) A draft of a statutory instrument containing an order under this section is to be laid before Parliament before the instrument is made. (10) The power of the Boundary Committee for England under paragraph 12 of Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (power of delegation) does not apply to any function of the Committee under this section.

(4) Omit sections 19 (regulations) and 26 (orders etc).

Schedule 4

Local Government Act 1972 (c. 70)

1

The Local Government Act 1972 is amended as follows.

2

(1) Section 6 is amended as follows.

(2) In subsection (2)(a), for “sections 14(8) and 17(7) of the Local Government Act 1992” substitute “ section 56(8) of the Local Democracy, Economic Development and Construction Act 2009 ”.

(3) In subsection (3)(b), at the end insert “ or Part 3 of the Local Democracy, Economic Development and Construction Act 2009 ”.

3

In sections 11A(10)(b), 12A(5)(b), 12B(6)(b) and 73(2), for “Electoral Commission” substitute “ Local Government Boundary Commission for England ”.

4

(1) In Schedule 2, paragraph 7 (electoral divisions and wards of London boroughs) is amended as follows.

(2) In sub-paragraph (1)(b) at the end insert “ or section 59 of the Local Democracy, Economic Development and Construction Act 2009 ”.

(3) In sub-paragraph (2) for the words from “order” to “2007” substitute “ order referred to in sub-paragraph (1)(b) above ”.

5

In Schedule 3 (new authorities in England), in paragraph 10(1), (2) and (3), after “2007” insert “ or Part 3 of the Local Democracy, Economic Development and Construction Act 2009 ”.

6

(1) Schedule 11 (rules to be observed in considering electoral arrangements) is amended as follows.

(2) Omit paragraphs 1 and 3.

(3) In paragraph 4(1), omit “by either of the Commissions”.

Environment Act 1995 (c. 25)

7

(1) In Schedule 8 to the Environment Act 1995 (supplemental powers of National Park Authorities), paragraph 7 (power to promote Bills) is amended as follows.

(2) In sub-paragraph (3)—

(a) for “section 14(4) of the Local Government Act 1992” substitute “ Part 3 of the Local Democracy, Economic Development and Construction Act 2009 ”;

(b) for “any local government area within the meaning of that Act” substitute “ the area of any principal council (within the meaning of that Part) or parish council ”.

Greater London Authority Act 1999 (c. 29)

8

The Greater London Authority Act 1999 is amended as follows.

9

In section 2(4) (Assembly constituencies), for “the Electoral Commission” substitute “ the Local Government Boundary Commission for England ”.

10

(1) Schedule 1 (Assembly constituencies and orders under section 2(4)) is amended as follows.

(2) For paragraph 1 substitute—

(1) (1) This paragraph applies where the Secretary of State makes an order under section 10 of the Local Government and Public Involvement in Health Act 2007 which includes a boundary change (within the meaning of section 8(3) of that Act) affecting a London borough. (2) Where this paragraph applies, the Local Government Boundary Commission for England must consider whether to conduct a review of Assembly constituencies for the purpose of making recommendations as to— (a) whether the boundary change referred to in sub-paragraph (1) requires changes to Assembly constituencies in order to comply with the rules set out in paragraph 7 below, and (b) if so, what those changes should be.

(3) For paragraph 2 substitute—

(2) (1) The Local Government Boundary Commission for England may at any time— (a) conduct a review of Assembly constituencies, and (b) make recommendations as to— (i) the area into which Greater London should be divided to form the Assembly constituencies, and (ii) the name by which each Assembly constituency should be known. (2) No recommendations may be made by the Local Government Boundary Commission for England pursuant to a review under this paragraph unless the recommendations comply with the rules set out in paragraph 7 below.

(4) For paragraphs 3 to 5 substitute—

(3) (1) As soon as reasonably practicable after deciding to conduct a review under paragraph 1 or 2, the Local Government Boundary Commission for England must take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of— (a) the fact that the review is to take place, and (b) any particular matters to which the review is to relate. (2) In conducting a review under paragraph 1 or 2 the Local Government Boundary Commission for England must— (a) prepare and publish draft recommendations, (b) take such steps as its considers sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made, and (c) take into consideration any representations made to the Commission within that period. (3) The Local Government Boundary Commission for England may at any time before publishing draft recommendations under sub-paragraph (2)(a) consult such persons as it considers appropriate. (4) As soon as practicable after conducting a review under paragraph 1 or 2 the Local Government Boundary Commission for England must— (a) publish a report stating its recommendations, and (b) take such steps as it considers sufficient to secure that persons who may be interested in the recommendations are informed of them. (4) (1) Where a report under paragraph 3 contains recommendations for changes to any Assembly constituency or the name by which any Assembly constituency is known, an order under section 2(4) may give effect to the recommendations. (2) An order under section 2(4) may contain incidental, consequential, supplementary or transitional provision, or savings. (3) The provision referred to in sub-paragraph (2) may include provision— (a) applying any instrument made under an enactment, with or without modifications, (b) extending, excluding or amending any such instrument, or (c) repealing or revoking any such instrument. (4) Where the Local Government Boundary Commission for England is satisfied that— (a) a mistake has occurred in the preparation of an order under section 2(4), and (b) the mistake is such that it cannot be rectified by a subsequent order under that section by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend), the Commission may by order under section 2(4) make such provision as it thinks necessary or expedient for rectifying the mistake. (5) In sub-paragraph (4), “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body. (6) A draft of a statutory instrument containing an order under section 2(4) is to be laid before Parliament before the instrument is made.

(5) In paragraph 7 (rules about Assembly constituencies), for “paragraphs 1(4), 2(2) and 4(3)” substitute “ paragraphs 1(2) and 2(2) ”.

(6) Omit Part 2 (orders under section 2(4)).

Local Government and Public Involvement in Health Act 2007 (c. 28)

11

The Local Government and Public Involvement in Health Act 2007 is amended as follows.

12

(1) Section 4 (request for Boundary Committee for England's advice) is amended as follows.

(2) In the heading, for “Boundary Committee for England's” substitute “Local Government Boundary Commission's”.

(3) In subsection (2), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.

13

(1) Section 5 (Boundary Committee's powers) is amended as follows.

(2) In the heading, for “Boundary Committee's” substitute “Local Government Boundary Commission's”.

(3) In subsections (1), (2) and (3), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.

14

(1) Section 6 (Boundary Committee's procedures) is amended as follows.

(2) In the heading, for “Boundary Committee's” substitute “Local Government Boundary Commission's”.

(3) In subsection (1)—

(a) for “Boundary Committee”, in the first place, substitute “ Local Government Boundary Commission ”;

(b) for “Boundary Committee”, in the remaining three places, substitute “ Commission ”.

(4) In subsection (2)—

(a) for “Boundary Committee” substitute “ Local Government Boundary Commission ”;

(b) for “Boundary Committee's” substitute “Commission's”.

(5) In subsection (4)—

(a) for “Boundary Committee”, in the first place, substitute “ Local Government Boundary Commission ”;

(b) for “Boundary Committee”, in the second place, substitute “ Commission ”.

(6) In subsection (5), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.

15

(1) Section 7 (implementation of proposals by order) is amended as follows.

(2) In subsection (1)(b), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.

(3) In subsection (6)—

(a) for “Boundary Committee”, in the first place, substitute “ Local Government Boundary Commission ”;

(b) for “Boundary Committee”, in the second place, substitute “ Commission ”.

(4) In subsection (7), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.

16

(1) Section 8 (review by Boundary Committee of local government areas) is amended as follows.

(2) In the heading, for “Boundary Committee” substitute “ Local Government Boundary Commission ”.

(3) In subsections (1), (2), (5), (6) and (7), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.

(4) In subsection (8)—

(a) for “Boundary Committee”, in the first place, substitute “ Local Government Boundary Commission ”;

(b) for “Boundary Committee”, in the remaining three places, substitute “ Commission ”.

17

(1) Section 9 (Boundary Committee's review: consultation etc) is amended as follows.

(2) In the heading, for “Boundary Committee's” substitute “Local Government Boundary Commission's”.

(3) In subsection (2), for “Committee” substitute “ Local Government Boundary Commission ”.

(4) In subsection (3)—

(a) for “Boundary Committee”, in the first place, substitute “ Local Government Boundary Commission ”;

(b) for “Boundary Committee”, in the second place, substitute “ Commission ”.

(5) In subsections (4) and (5), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.

18

In section 10 (implementation of recommendations by order), in subsections (1), (2), (4) and (5), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.

19

In section 12 (provision relating to membership etc of authorities), in subsection (5), for the words from “the Electoral Commission” to the end substitute “ the Local Government Boundary Commission must consider whether to exercise its power under section 56(2) of the Local Democracy, Economic Development and Construction Act 2009 (electoral reviews) ”.

20

(1) In section 23 (definitions), subsection (1) is amended as follows.

(2) Omit the definition of “the Boundary Committee”.

(3) After the definition of “local government area” insert—

“the Local Government Boundary Commission” means the Local Government Boundary Commission for England;

21

(1) Section 36 (notice to Electoral Commission) is amended as follows.

(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission for England ”.

(3) In subsection (2), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

(4) After subsection (2) insert—

(3) In this Chapter, “Local Government Boundary Commission” means the Local Government Boundary Commission for England.

22

In section 41 (publicity for resolution), in subsection (4)(b), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

23

(1) Section 42 (notice to Electoral Commission) is amended as follows.

(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

(3) In subsection (2), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

24

(1) Section 43 (Electoral Commission to consider whether electoral review is necessary) is amended as follows.

(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

(3) In subsection (1), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

(4) In subsection (2), for the words from “the Commission” to “the Boundary Committee” substitute “ the Local Government Boundary Commission must consider whether to exercise its power under section 56(2) of the Local Democracy, Economic Development and Construction Act 2009 ”.

(5) In subsection (3), for the words from “to direct” to “the Commission” substitute “ to conduct such a review, the Local Government Boundary Commission ”.

25

(1) Section 44 (Electoral Commission to make order for new electoral scheme) is amended as follows.

(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

(3) In subsection (1), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

(4) For subsection (2) substitute—

(2) But the Local Government Boundary Commission must not make the order— (a) before it has decided whether or not conduct an electoral review (see section 43(2)), and (b) if it has decided to conduct such a review, before the review is concluded.

26

In sections 45(2)(a) (orders for elections by halves) and 47(2)(a) (orders for elections by thirds), for “Electoral Commission make” substitute “ Local Government Boundary Commission makes ”.

27

(1) Section 50 (power to Electoral Commission to make incidental etc provision) is amended as follows.

(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

(3) For “Commission” substitute “ Local Government Boundary Commission ”.

28

(1) Section 51 (position if Electoral Commission act under existing powers) is amended as follows.

(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

(3) For paragraphs (a) and (b) substitute—

(a) the Local Government Boundary Commission decides to conduct an electoral review (see section 43(2)), and (b) pursuant to that review the Commission makes recommendations for electoral changes,

(3) In the words after paragraph (b), for “section 17 of the Local Government Act 1992 (c. 19)” substitute “ section 59 of the Local Democracy, Economic Development and Construction Act 2009 ”.

29

(1) Section 52 (publicity for order by Electoral Commission) is amended as follows.

(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

(3) In subsection (1), for “Electoral Commission have” substitute “ Local Government Boundary Commission has ”.

30

(1) Section 59 (change of name of electoral area), is amended as follows.

(2) In subsections (5), (6)(a) and (7), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.

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